Bulgaria publishes new application for launching renewable energy projects
The Bulgarian Ministry of Energy (MoE) published a new template application for issuing or re-issuing opinions on the implementation of specific renewable energy projects. (The application can be accessed here: https://www.me.government.bg/news/zayavlenie-za-promyana-na-prednaznachenieto-na-zemedelska-zemya-varhu-koyato-shte-se-izgrajda-obekt-za-proizvodstvo-na-energiya-ot-vei-3391.html)
With the passage of the Act on Amendments and Supplements to the Bulgarian Energy Act (State Gazette, issue 16, 23 February 2024), changes were made to the Agricultural Land Protection Act (ALPA).
According to this new provision, a person who plans to build a facility for the production of energy from renewable sources can submit an application for a change in the purpose of agricultural land if it is accompanied by an opinion of the Minister of Energy confirming the need to implement the specific investment in order to achieve the national goal under Art. 12, para. 1 of the Bulgarian Renewable Energy Act.
According to the provisions of Art. 24b of ALPA, agricultural land can have its designated purpose changed after entry into force of a detailed development plan (DDP), which consists of a development plan (DP) providing for the construction of a facility that produces energy from renewable sources and the issuance of a certificate.
A competent authority must approve and certify the DDP-DP project.
The documents required by the Bulgarian MoE for issuing such an opinion include the following:
- Application for issuing an opinion under Art. 24b, para. 2 of the ALPA;
- Order or other act of a competent authority for an approved DDP-DP project;
- A protocol of determination or other act of a competent authority for the entry into force of the approved DDP-DP project.
For more information on obtaining permission to launch a renewable energy project in Bulgaria, contact your CMS client partner or the following CMS experts: Kostadin Sirleshtov and Borislava Piperkova.
